Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.432 of 2021 Arising Out of PS. Case No.-370 Year-2020 Thana- SITAMARHI District- Sitamarhi ====================================================== KARAN KUMAR SON OF PACHU RAUT RESIDENT OF VILLAGE - PUNAURA, WARD NO. 9, POLICE STATION - PUNAURA, DISTRICT - SITAMARHI ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-03-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Sitamarhi PS Case No. 370 of 2020 registered under Sections 399, 402 of the IPC and Sections 25(1-B)a, 26 and 35 of the Arms Act.

Having no criminal antecedent, it is submitted that the petitioner has falsely been implicated in this case. Recovery of two live cartridges is denied and disputed and it is submitted that the same is not in accordance with law. The petitioner is in custody since 18.7.2020. It is further submitted that at best the prosecution case alleges planing for commission of offence and no offence actually has been committed.

Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed.

Patna High Court CR. MISC. No.432 of 2021(2) dt.01-03-2021 2/2 Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Sitamarhi in Sitamarhi PS Case No. 370 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SNkumar/- U T